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334-333-3333As personal injury lawyers, we work hard to help our clients get compensation for their injuries. But not all injuries are equal in terms of their potential to change victims’ lives for the worse. Disabling injuries can be particularly devastating, especially when they last for years or are permanent, as they can make it difficult or impossible to work.
And among disabling injuries, those that cause partial or total paralysis are the most impactful. Paralysis typically means that victims not only can’t work, but also may lose their ability to live independently. In addition, they may face huge medical bills, especially if they need live-in care or for one of their loved ones to become a full-time caregiver.
There’s no question that a paralyzing injury is a worst-case scenario after many types of accidents, but how much money can victims receive for this life-changing impairment?
When we build personal injury claims for our clients, we work hard to ensure they get fair compensation for all of their expenses. Serious injuries that are expected to heal and will allow victims to eventually return to work can still require big settlements to adequately compensate victims. But when injuries are permanent and affect every aspect of life, such as paralysis, the amount of money that we demand for our clients is often significantly more.
When it comes to paralysis, we look at these factors when determining how much compensation our clients are owed:
The level of paralysis a victim suffers depends on where their spinal cord was injured. The higher up on the spinal cord, the greater the severity of paralysis. Victims who suffered spinal cord injuries in their sacral or lower lumbar areas may be unable to work or have bowel and bladder control, while victims whose spinal cord injuries occurred in their upper backs or necks may be fully paralyzed and even require a ventilator.
The expected duration of paralysis can play a big part in compensation. Some victims can regain some or all feeling and mobility after paralysis, especially after surgery and certain treatments. But due to the complexity of spinal cord injuries and the difficulty of repairing them, many victims never fully recover and may only gain partial function or feeling after intensive treatments and years of physical therapy.
Some victims who are paralyzed below the waist can still live active, healthy, and independent lives. But others may need more frequent care—especially victims whose paralysis affects their upper bodies. Victims who were already in poor health, of advanced age, or whose paralysis is severe may need nearly constant supervision, and their loved ones may be unable to provide it. That means that hiring a home healthcare provider may be required, and that expense should be considered in their settlement.
Few injuries can impair quality of life like paralysis. Although many people who suffer from paralysis can and do participate in hobbies and enjoy time with friends and family, many find it difficult to cope with their disabilities. They may be forced to give up certain activities that they previously enjoyed, and their ability to see their loved ones may be diminished. Pain and suffering are a major part of many personal injury claims, and it can be a significant factor in paralysis claims as well.
Paralysis can have a devastating financial impact on victims and their families. In personal injury claims, economic damages are meant to compensate victims for the financial losses directly related to their injuries. For paralysis victims, these damages can be extensive and cover a range of costs that may continue throughout their lifetime.
Medical Bills: Medical expenses for paralysis begin immediately after the injury and can accumulate quickly. These include emergency care, surgeries, hospital stays, doctor visits, and medications. For many, the need for ongoing medical treatment is inevitable, such as follow-up surgeries, physical therapy, occupational therapy, and pain management.
Future Medical Care: Paralysis often requires lifelong medical attention. In addition to immediate treatments, victims may need continuous care, including regular check-ups with specialists, rehabilitation services, home healthcare, and assistive devices. The cost of future care must be calculated to ensure victims receive adequate compensation for their needs over time.
Lost Wages: Victims who are paralyzed may be unable to return to their previous jobs, leading to lost income. Economic damages can cover wages lost during the recovery period, including any time taken off for medical appointments, rehabilitation, or hospitalization.
Loss of Earning Capacity: In many cases, paralysis can permanently affect a victim’s ability to work. If the injury prevents the victim from returning to their career or earning a similar income, they may be entitled to compensation for the loss of future earning potential. This takes into account their age, education, and potential career trajectory before the injury.
Home Modifications: Paralysis often requires significant changes to a victim’s living environment. Homes may need to be modified to accommodate mobility aids such as wheelchairs, with adjustments like ramps, wider doorways, modified bathrooms, stair lifts, and lower countertops. These modifications can be costly but are essential for maintaining independence and quality of life.
Assistive Devices: Victims of paralysis frequently require assistive devices such as wheelchairs, mobility scooters, or prosthetic limbs. These devices may need to be replaced or updated over time. Additional costs can include specialized vehicles with wheelchair access, voice-activated technology, and other equipment that helps paralyzed individuals maintain their independence.
In paralysis cases, the total economic damages can be substantial, covering both immediate and long-term needs. A comprehensive claim should account for every expense the victim will face, ensuring they have the financial support needed for ongoing care and a higher quality of life.
Non-economic damages in paralysis cases compensate victims for the intangible losses they suffer because of their injuries. These damages go beyond financial costs and address the emotional and psychological impact of paralysis, which can be just as devastating as the physical effects.
Pain and Suffering: Paralysis often comes with chronic pain, discomfort, and physical limitations. Victims may be entitled to compensation for the ongoing physical and emotional suffering caused by their injuries.
Loss of Enjoyment of Life: Many paralyzed individuals are forced to give up activities they once loved, such as sports, hobbies, or travel. Compensation for the loss of enjoyment of life recognizes the diminished ability to participate in these experiences.
Emotional Distress: The emotional toll of paralysis can be overwhelming, leading to anxiety, depression, and other mental health challenges. Victims may seek compensation for the emotional distress they endure because of their injury and changed lifestyle.
Loss of Companionship: For both victims and their families, paralysis can strain relationships. Spouses and children may experience a loss of companionship and emotional support, and victims may be compensated for the impact their injury has on their personal relationships.
When innocent people are injured and become paralyzed, they need experienced lawyers on their side. These injuries can be more expensive than many people ever imagine, especially throughout a lifetime. Lost wages and medical care can go on not just for years, but for decades, and it’s our goal to ensure victims are fairly compensated.
If you or someone you love was injured and became paralyzed because of someone else’s negligence, our Montgomery personal injury lawyers want to help. Contact The Vance Law Firm Injury Lawyers today for a free consultation.
Originally published December 6, 2021.
